§2429 Mandatory Restitution

Summary

Courts must order a person convicted of a crime under this chapter to pay money to the victim. This must happen even if other restitution rules (sections 3663 or 3663A) apply and in addition to any other punishments. The court will make the person pay for every loss the victim suffered, as that phrase is defined in section 2259(b)(3). If the crime involved commercial sex acts (see section 1591), the person must also pay either the gross money the victim earned or the value of the victim’s services, whichever is higher. Restitution orders are issued and enforced under section 3664 like orders under 3663A. Property taken because of the crime follows the rules in section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsection (d). A “victim” means the person harmed. If the victim is under 18, unable to act, or dead, a guardian, estate representative, family member, or another court-appointed person can act for them, but never the defendant.